Evaluation of evidence- Guidelines

In the process of evaluating of evidence the court must have regard to certain guidelines like (a) admissibility of the evidence(b) relevancy of the evidence(c) credibility of the evidence(d) conclusiveness of the evidence(e) probability of the evidence of one party more than that of the other. The trial court having satisfied itself that the foregoing have been complied with would then apply the law to the situation presented in the case before it so as to arrive at a conclusion one way or the otherSee Mogaji v. Odofin (1978)4 SC 91; Akibu v.Opaleye (1974)11 SC 139 

On principles guilding considreation of application for extension of time

When a court is invited to make an order extending the time prescribed by the rules of court for taking certain procedural steps it must be borne in mind that such rules of court must be obeyed. if there is default in taking the procedural steps within the prescribed period a court order extending such period being a discretionary one there must be some material upon which to base the execrise of that discretion Williams v.Hope Rising Voluntary Funds Society (1982)1-2 SC 145

Whether documents in support of pleaded facts need specifically be pleaded

Documents in support of facts pleaded need not to be specifically pleaded but can be tendered in evidence to support or prove the facts pleaded.Documents that are alluded to in the evidence even if they are not specifically pleaded.See Odunsi v. Bamgbala (1995)1 NWLR (Pt.374)641;Amadi v. Olumati (1995)7NWLR (Pt.410)739;F.B.N Plc v. Tsokwa (2004)5NWLR (pt.866)271

On What constitutes a contract

A contract is an agreement between two or more parties which creates reciprocal legal obligation or obligations to do or not to do a particular thing.For a valid contract to be formed,there must be mutuality of purpose and intention.The two or more minds must meet at the same point,event or incident.They must not meet at different points,events or incidents.They must be saying the same thing at the same time

On ingredients of contract

There are five ingredients that must be present in a valid contract.They are offer,acceptance, consideration,intention to create legal relationship and capacity to contract.All these five ingredients are autonomous units in the sense that a contract cannot be formed if any of them is absent

N.B For a contract to exist in all the five ingredients must be present

How to file a notice of preliminary objection when on appeal

Whenever a respondent does not file a separate notice of preliminary objection to the hearing of an appeal giving three clear days'notice thereof beforethe hearing but merely incorporates the preliminary objection in the respondents'brief of arguement. It is imperative on the respondent to move the court to takethe preliminary objection first before proceeding to the main appeal. See: Tiza v. Behga (2005)15NWLR (pt.949)616

But where the respondent does not apply for or seek leave of court before hearing of an appeal to move his preliminary objection automatically becomes and shall be deemd abandoned

Documentary evidence

Where there is oral as well as documentary evidence on an issue of fact the documentary evidence would be used as a hanger to assess the oral testimony. See Abatan v. Awudu (2004)17NWLR (pt.902)430; Kimdey v. Gov; Gongola State (1988)2NWLR (Pt.77)445